PATTIMURA Law Study Review
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
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109 Documents
<![CDATA[Dampak Reviktimisasi Terhadap Penyintas Kekerasan Seksual dalam Proses Penyidikan ]]>
<![CDATA[David Brain Siregar]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>;
<![CDATA[Denny Latumaerissa]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10866
<![CDATA[ABSTRACT: The Police, as the primary institution in the criminal justice system responsible for handling victims of sexual harassment, plays a central role in ensuring the rights of citizens. These rights include accessibility to the criminal justice process and equality before the law. However, the reality of the investigative process often neglects the rights of the victims in formal legal practices, leading to re-victimization during the formal process. The ramifications of legal practices resulting in re-victimization during the formal legal process have widespread impacts on the victims and the community at large. The purpose of this research is to identify and analyze the impact of re-victimization on victims of sexual violence during the investigation process. The research method employed is Normative research, which involves studying available literature materials. The approach to the issue includes legislative approaches, conceptual approaches, and case-based approaches. The collection of legal materials is then analyzed qualitatively. The study reveals that when victims of sexual violence are subjected to re-victimization during the criminal justice process, it has negative psychological effects on them. The term "re-victimization" refers to the experience of being victimized again, this time by the legal system itself. This concept is relatively new in the criminal justice context and should be fully embraced and integrated into the entire criminal justice system to address its impact properly.]]>
<![CDATA[Istri Sebagai Pelaku Kekerasan Fisik Terhadap Suami Dalam Rumah Tangga ]]>
<![CDATA[Jaqualine Monicha Talahatu]]>;
<![CDATA[Margie Gladies Sopacua]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10867
<![CDATA[ABSTRACT: Domestic violence is violence perpetrated by a husband against his wife, but the victims are mainly women as wives. Domestic violence is any violence based on gender differences that causes pain or suffering, especially for women as wives, including threats, coercion, restrictions on freedom both in public and at home. However, the reality is that domestic violence also occurs against husbands committed by wives. One of the cases of physical violence committed by a wife against her husband is criminal case number LP-B/486/XI/2022/Maluku, in which the wife actually committed the crime of physical violence against her husband. This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials. The causes of physical violence against husbands are; 1) Domination factor where the wife is more dominant than the husband, this is seen as the case that the wife feels that her job as a civil servant or other job has a greater source of income than the husband; 2) Psychic Factors where when the husband comes home drunk, gambling, not supporting the wife and children in the household, then the wife reprimands repeatedly but these things are still being done by the husband; 3) Economic Factors; economic conditions that are classified as middle or sufficient with the increasing needs of life will become a problem for the wife against the husband 4) Infidelity Factors; Infidelity factor; infidelity committed by the wife brings consequences and causes domestic disputes and ultimately leads to domestic violence 5) Fatigue Factor; excessive work demands are also where a person feels emotional pressure or what is commonly called emotional fatigue, thus causing domestic violence 6) Environmental Factors where the environment is a place to live for people who are very sensitive to negative environmental influences; and 7) The Liquor Factor where alcoholic beverages can make the person lose self-control and if consumed excessively, it results in drunkenness so as to commit negative actions such as violence.]]>
<![CDATA[Pertanggungjawaban Para Pihak Yang Terlibat Dalam Perjudian Poker Online ]]>
<![CDATA[Trinita Calista Ruhulessin]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Jacob Hattu]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10868
<![CDATA[ABSTRACT: Gambling is a crime, namely betting an amount of money where the winner gets the betting money or in other words a battle of fate. The problem of gambling can be detrimental to society and the morals of our nation, basically this crime causes public order, peace and security to be disrupted. Besides that, the influence on children is very large, they will join in committing gambling crimes that they see happening in their environment, which will negatively affect the psychology of children and cause material losses for those who do it. Even though the prohibition of gambling both offline and using electronic media or more familiarly known as online gambling has been very strictly regulated in several laws and regulations, in fact this gambling is increasingly widespread in society. Even with the many regulations that tighten the scope of gambling, gamblers are even more innovative in running this business. Gambling means that an act can be punished by the existence of regulations. If someone has committed a crime of gambling, then he can only be tried based on the criminal laws and regulations that were in effect at the time the act was committed. Online gambling is one type of Cyber Crime action. namely the misuse of technology for gambling, online gambling itself has been regulated in Law No. 11 of 2008 concerning Information and Electronic Transactions. And the article that regulates online gambling is listed in article 27 paragraph 2.]]>
<![CDATA[Penerapan Sanksi Pidana Kepada Anak Penyalahgunaan Narkotika (Studi Kasus PSBR Hiti-Hiti Hala-Hala) ]]>
<![CDATA[Magdalena Yuni Tahalele]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10869
<![CDATA[ABSTRACT: Narcotics abuse is a problem that occurs both nationally and internationally and has not been resolved to date. Narcotics abuse can be felt by all persons regardless of ethnicity, race and religion, including children. The purpose of this study was to find out and provide an overview of the application of this form of coaching to children who abuse narcotics at PSBR & ABH Hiti-Hiti Hala-Hala. The type of research used in this research is empirical legal research. By using the method of data collection techniques in the form of field studies in which there are interviews in oral form by asking several questions to the informants related to the problem under study and conducting literature studies which use laws and regulations, legal journals, encyclopedias relevant to the research material. From the data that has been collected from the results of research, in this case interviews with relevant sources as well as collection from several literatures, laws, and books related to these problems. Then it will be analyzed descriptively to provide an overview of the subject of the results of the research conducted. The results of this study concluded that Narcotics are drugs derived from synthetic and semi-synthetic plants which cause a decrease in consciousness and lead to dependence. Article 1 point 1 Law No. 35 of 2009 concerning the abuse of narcotics. The abuse of narcotics by minors can certainly affect the mental health of children, physically interfere with children, to the point of dependence and addiction, so that children become addicted. This is because children are unstable so they are easily influenced and guidance and rehabilitation must be carried out for both users and dealers. But the fact is that, in carrying out criminal applications to children who abuse narcotics. Children who abuse narcotics are placed in the Hiti-Hiti Hala-Hala Social Institution for Youth and Children in Conflict with the Law (PSBR&ABH).]]>
<![CDATA[Penerapan Tindak Pidana Rehabilitasi Dalam Tindak Pidana Narkotika (Studi Putusan Pengadilan Negeri Jakarta Barat Nomor 582/Pid.Sus/2021/PN Jakarta Barat) ]]>
<![CDATA[Fitri Ayulia Arfai]]>;
<![CDATA[Julianus Edwin Latupeirissa]]>;
<![CDATA[Steven Makaruku]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10870
<![CDATA[ABSTRACT : As stated in Article 127 paragraph (3) of Law No. 35 of 2009 concerning Narcotics, abusers or victims of narcotics abuse must receive both medical and social rehabilitation. However, this was stated in the decision of the West Jakarta District Court Number 582/Pid.Sus/2021/West Jakarta PN. In fact, drug abusers or survivors of narcotics are given prison sentences, making it easier to conduct research. The methodology used in this research is normative juridical with considerations of laws and regulations, conceptual considerations and content considerations. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The research results show that rehabilitation is necessary for those who use or possess drugs because they are physically unwell and need to be treated for their addiction. This is in accordance with Article 54 of Law Number 35 of 2009 concerning Narcotics. Sentence of imprisonment for 5 months in the decision of the West Jakarta District Court Number 582/Pid.Sus/2021/PN Jakarta Barat. Has fulfilled the elements in Article 127 paragraph (1), but will refer to the principle of restorative justice that imposing a sentence on narcotics addicts is inappropriate because it is not oriented towards recovery but rather oriented towards retaliation.]]>
<![CDATA[Penerapan Hukum Pidana Terhadap Warga Negara Asing Yang Melakukan Kejahatan Skimming Di Indonesia ]]>
<![CDATA[Heidy Esmeralda Silooy]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>;
<![CDATA[Denny Latumaerissa]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10871
<![CDATA[Skimming is the act of stealing ATM card information by taking information contained on the magnetic stripe on the card illegally, skimming crimes are committed by installing skimmer devices on ATM machines to obtain data on ATM cards. Skimming crimes are inseparable from the various methods used by the perpetrators, the perpetrator of skimming crimes is a foreign national. Crimes are committed professionally and well organized so that it is easy to commit skimming crimes as a result of skimming crimes there are many losses to customers and banks. Purposes of the Research: to determine the application of criminal law against foreign nationals who commit skimming crimes. Methods of the Research: The type of research used in this research is normative juridical. This type of research is descriptive analytical research. The sources of legal materials are primary, secondary and tertiary legal materials. Data collection techniques are carried out through tracing legal materials by reading, seeing, listening, or doing. Results of the Research: Skimming crimes regulated in the Criminal Code and the ITE Law in which the elements in Article 30 of the ITE Law on illegal access have been fulfilled by skimming crimes, namely the element of every person, the element intentionally, the element without the right or against the law and the element of accessing a computer or electronic system. In addition, the results of this study explain that the skimming crimes of the perpetrators are punished based on existing laws in accordance with what has been done, the application of criminal law is of course as a legal provision in tackling crime, anyone who commits a crime will be punished according to applicable law whether it is an Indonesian citizen or a foreign citizen. In addition, the crimes committed can be seen based on the applicable principles relating to skimming crimes are territorial principles or regional principles because legal provisions apply to everyone who commits a crime in the territory of the Republic of Indonesia must be punished according to existing regulations.]]>
<![CDATA[Pertimbangan Hukum Hakim Terhadap Anak Kekerasan Fisik Dalam Rumah Tangga (Putusan Nomor: 326/Pid.Sus/2019/PN.Amb) ]]>
<![CDATA[Regina Latuheru]]>;
<![CDATA[Margie Gladies Sopacua]]>;
<![CDATA[Astuti Nur Fadillah]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10872
<![CDATA[ABSTRACT: Children who experience criminal acts of physical violence are very vulnerable to mental and psychological shocks. Legal assistance and protection of children who are victims of criminal acts is the duty and responsibility of parents and the surrounding environment, but in some cases parents commit violence against the children themselves so that they must accept the consequences in the form of imprisonment in accordance with the judge's decision through his consideration. The purpose of this research is intended to obtain clarity and legal certainty by identifying and analyzing"Judges’s Legal Considerations Against Children of Domestic Physical Violence (Decision Number: 326/Pid.Sus/2019/PN.Amb)". The purpose and protection of children based on the Child Protection Law is to ensure the fulfillment of children's rights so that they can live, grow, develop, and participate optimally in accordance with human dignity, and receive protection from violence and discrimination for the realization of quality Indonesian children. The research in this thesis makes positive legal norms and doctrines using a statutory approach (statue approach) to find out the problem solving and the resulting solution. Legal protection if you look at the judge's consideration in the court decision, fulfills the consideration of juridical elements. The form is that the judge says that the defendant's actions fulfill the elements so that the judge imposes a penalty. Before convicting the perpetrator, the judge proves the fulfillment of the criminal elements. The legal protection provided to victims in the court decisions that the author examines, where the judge convicts the perpetrator and states the fulfillment of the criminal elements. The conclusion of this legal writing is that parents, society and the government take part in the legal protection of children and also provide a deterrent effect to perpetrators who commit criminal acts of violence against children.]]>
<![CDATA[Pertimbangan Hukum Hakim Terhadap Pelaku Tindak Pidana Perkosaan (Studi Putusan Nomor 451/Pid.B/2021/PN Amb) ]]>
<![CDATA[Jimmy Rivaldo Nampasnea]]>;
<![CDATA[Sherly Adam]]>;
<![CDATA[Carolina Tuhumury]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10873
<![CDATA[ABSTRACT: The freedom of judges will be limited by statutory regulations (criminal procedural law), as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP). So that in deciding cases of rape crime, it must have a clear basis of consideration and can provide a deterrent effect on the perpetrator. The aim of the research is to examine and analyze the judge's legal considerations for the perpetrators of the crime of rape and to examine and analyze the imposition of sanctions on the perpetrators of the crime in the perspective of the purpose of punishment. In this legal research, the authors use Normative Juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. The results of the research show that the judge's legal considerations for the perpetrators of the criminal act of rape study the decision number 451/Pid.B/2021/PN Amb, legally and convincingly proven guilty of committing the crime of rape. This is in accordance with the prosecutor's indictment, the defendant's statement, witness testimony, evidence, articles in the criminal law regulations and the defendant's background. The imposition of sanctions for the perpetrators of the crime of rape in the perspective of the purpose of sentencing is in accordance with sentencing and the defendant is given a criminal sanction of 10 (ten) years in prison, so what is the objective of sentencing and providing a deterrent effect on the perpetrators can be realized.]]>
<![CDATA[Penerapan Sanksi Pidana Terhadap Perbuatan Lalai Pengemudi Becak (Studi Putusan Nomor 494/PID.SUS/2018/PN.Ambon) ]]>
<![CDATA[John Christian Tutuarima]]>;
<![CDATA[John Dirk Pasalbessy]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10874
<![CDATA[ABSTRACT: Along with the times, there are also increasing various types of transportation that function to meet human needs, one of which is the traditional rickshaw vehicle. Traditional pedicabs are one of the non-motorized vehicles that still survive in carrying out transportation for the community. In Indonesia, there are many traffic accidents that occur between rickshaws and other transportation, as well as the negligence of the rickshaw driver. Negligence occurs due to someone's inner attitude that does not heed the prohibition so that the actions committed objectively cause conditions that are prohibited by law. 2) Review and discuss the reasons for legal considerations so that the judge lightens the decision of the prosecutor's indictment. The research method used in analyzing and discussing the problem is the normative juridical research method, which is an approach that is carried out by studying library materials or literature studies. From the results of research carried out by researchers through a conceptual and statutory approach, the results are concluded based on Article 183 of the Criminal Procedure Code, a judge imposes a sentence on a person with at least two pieces of evidence and he gains confidence that the defendant is guilty of doing so. the witness's testimony and regret for his actions which have fulfilled the elements in Article 359 of the Criminal Code related to negligence which caused another person's death.]]>
<![CDATA[Pendekatan Restorative Justice Dalam Penyelesaian Tindak Pidana Pencemaran Nama Baik Di Bidang Informasi dan Transaksi Elektronik ]]>
<![CDATA[Viona Juanne Huwae]]>;
<![CDATA[Deassy Jacomina Anthoneta Hehanussa]]>;
<![CDATA[Iqbal Taufik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10875
<![CDATA[ABSTRACT: Defamation by means of social media is indeed easy to do and spreads quickly and is known by many people. This has an adverse impact on other people which has legal implications as contained in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, Article 36 as referred to in articles 27 to 34 which result in losses for other people. This study uses the Normative Juridical method with the Study of Statutory Approaches, Case Approaches, and Conceptual Approaches. Legal Material Collection Techniques are carried out using library research. The sources of legal material used in this study are the study of primary legal materials, the study of secondary legal materials, and the study of tertiary legal materials. The legal materials are analyzed using a qualitative approach. The results of the study show that the Restorative Justice Approach is used in solving criminal acts of defamation in the field of ITE as an alternative in seeking peace so that prison sentences are no longer imposed, and the process is replaced by mediation involving the perpetrator, victim, perpetrator's family, and/or the victim's family and stakeholders. The application of Restorative Justice must be carried out on specific crimes, especially on defamation crimes which are an alternative in the law enforcement process. The Restorative justice approach to criminal acts of defamation in the field of ITE needs to be carried out to protect a person's dignity from acts of insult and the Government must make a legal basis such as a Law that further regulates Restorative Justice, so that its application is more optimal.]]>
